Boat Accident Attorneys
If you've suffered injuries as a result of an accident in the boating industry and it wasn't your fault, you may be entitled to a substantial settlement. These expenses can include physical therapy, medical bills and income loss because of your inability to work.
Some victims can be awarded punitive damages, when the conduct of the defendant was reckless and egregious. These awards are designed to penalize the defendant for their actions and to prevent future incidents.
Personal Injury
While boating accidents may cause serious injuries, a lot of them are preventable. Inexperienced and untrained boaters are common causes of boat-related accidents as well as other careless choices such as operating under the influence of alcohol, bringing too many passengers, or reckless behavior. The severity of the injuries vary from minor bruises to paralysis resulting from brain injury or
lawsuit a spinal cord injury.
Victims injured in a boating accident can get compensation for their medical expenses as well as lost earnings or work while they recuperate. If their injuries are severe they may also be able to recover expenses for long-term care. Insurance companies often try and accept less than the victims have earned when estimating a claim's value. A knowledgeable attorney can help you fight for the highest amount of compensation possible.
A New York City boat accident lawyer will conduct a thorough investigation of the accident to ensure that all relevant evidence is gathered. This includes the collection of crucial documents, such as police reports and witness statements, vessel maintenance documents, chemical tests and photographs of the accident site and the property damage. Other important information can be gathered from medical records that include detailed descriptions of the injuries sustained, the expenses incurred, as well as estimated future costs. The lawyer will then negotiate with the at-fault party or the insurance company to negotiate a fair settlement.
Maritime Workers' Compensation
Maritime workers working on workboats as well as other vessels, like supply ships, are subject to hazardous conditions throughout their employment. In addition to being injured by falling equipment or cargo, they are also at risk for boat accidents that result from the negligence or reckless behavior by other crew members on the vessel.
The Jones Act and other federal statutes protect seamen from negligence by employers. If they suffer injuries due to such incidents, they're entitled to full damages under the Longshore and Harbor Workers' Compensation Act (LHWCA). These damages can include medical expenses and lost income, as well as the cost of living during recovery the injury, pain and suffering, and other monetary benefits.
Often, seamen who are injured on a supply vessel tugboats, dredgers and tugboats barges, oil tanks, cruise boats, or sightseeing vessels require more than workers' compensation in order to compensate for their expenses. A New York boat accident attorney can identify third-party claims that seamen may be eligible for claims, for instance, allegations of a lack of seaworthiness or an employer's inability to maintain a safe vessel.
Your lawyer will gather important documents and evidence related to your claim. This includes medical records, information about insurance policies, police reports and much more. They will then enter into settlement negotiations with the lawyer for the defendant and the insurance company on your behalf. If a fair settlement is not able to be reached then they will prepare for trial to make a convincing argument in the court on your behalf.
Product Defects
Many accidents on boats result from defective equipment. Most accidents on boats result from the reckless or negligent behavior of the
boat accident law firm operator. In these instances, victims are able to seek compensation from the company that manufactured the defective product in a
lawsuit. In these cases, a Reston, VA product defect lawyer can help.
Defective equipment and boats could be covered by claims that are based on negligence or strict liability law. A warranty claim may be based on a violation of implied or express guarantees provided by law, such as the New Jersey lemon laws for automobiles used for sale or the warranties of merchantability or quality and fit under Uniform Commercial Code.
Latent defects are typically covered by insurance policies too. Although some consumers might claim that the issue is obvious or clear and obvious, courts typically require expert testimony by an expert surveyor or other qualified professional to determine if the issue was caused by a mechanical malfunction or resulted from an unnoticed issue.
A few defects are discovered when a boat is sold. These are typically regarded as manufacturing defects and the manufacturer is accountable for them. Others are discovered after a boat has been operated and owned and may be the fault of the owner. One example is when the boat owner forgets the emptying of the engine's water and the water then freezes and damages the motor in the winter.
Insurance
Boating and other water sports are very popular in New York, a state with easy access the Atlantic Ocean and many lakes. As with all recreational activities there are risks and liabilities to be considered.
If boating accidents happen and people are injured, they can file a personal injury or wrongful death claim to receive compensation to cover their losses. Damages can include medical expenses, loss of income, property losses in addition to pain and suffering diminished quality of life, permanent disability, disfigurement, and other expenses. In the event of gross negligence, the victims may also pursue punitive damages.
Insurance companies involved in a boating injury case aren't easy to deal with, particularly since their primary goal is to pay you as little as is possible. Level the playing field by hiring an NYC attorney for boating injuries who will work with insurers to ensure all parties involved are held accountable for their actions.
An experienced attorney will examine all evidence available such as police reports, medical records, and witness testimony. Then, they'll enter into discussions with the party at fault and their insurance company to negotiate an acceptable settlement. If they cannot agree on an agreement, our lawyers will prepare the case for trial. We are experienced in the presentation of evidence in support of your claim and securing the maximum financial award.